THE SEVEN MANDATORY PRINCIPLES

Question 1

A solicitor must act:

Answer 1

1. In a way that upholds the constitutional principle of the
   rule of law, and the proper administration of justice.
2. In a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons.
   Exam Tip
   If a solicitor is convicted of a criminal offence, this would be a breach of this Principle as well as leading to the solicitor being struck of the roll.
3. With independence.
   Exam Tip
   Beware of any situation where the solicitor’s or firm’s independence is at risk (for example, where the frm is put under the control of an unregulated third party).
4. With honesty.
5. With integrity.
   Exam Tip
   As the solicitor is in a position of trust, their behaviour in their personal life must also meet the appropriate stan-dard. This means that an act by a solicitor in their private life (that is, not during the working day) could mean that they have failed to act with honesty or with integrity.

Also the solicitor cannot abuse their position, taking unfair advantage of the client.

6. In a way that encourages equality, diversity, and inclusion.
   Exam Tip
   This Principle is broader than the requirement to comply with the Equality Act 2010.
7. In the best interests of each client.
   meaning the solicitor must act in a competent and timley manner.
   taking case the solicitor is not familiar with can be a breach of duty.

Where two or more Principles come into confict, the Principle which safeguards the wider public interest (such as the rule of law, and a safe and effective market for regulated legal service)** takes precedence over an individual client’s interests.** Where relevant, the solicitor should inform their cli-
ent of the circumstances in which their duty to the court and other professional obligations outweigh the duty to the client.